Cabstains v. O'Donnell
Massachusetts Supreme Judicial Court
Contract, to recover the price of five barrels of whiskey, sold by the plaintiffs to the defendants. Writ dated May 10, 1889. At the trial in the Superior Court, before Hammond, J., it appeared in evidence that the plaintiffs were non-residents, having their usual place of business in the city of Philadelphia, and that they sold the whiskey in question to the defendants, and had not béén paid for the same ; that the whiskey was sold to the defendants, whose place of business…
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Contract, to recover the price of five barrels of whiskey, sold by the plaintiffs to the defendants. Writ dated May 10, 1889. At the trial in the Superior Court, before Hammond, J., it appeared in evidence that the plaintiffs were non-residents, having their usual place of business in the city of Philadelphia, and that they sold the whiskey in question to the defendants, and had not béén paid for the same ; that the whiskey was sold to the defendants, whose place of business was in Boston, through one Woodbury, an agent of the plaintiffs having a place of business in Boston, who notified the…
1Opinion of the CourtMorton, J.
Whether the sale was made in Boston or in Philadelphia, and whether the plaintiffs and their agent in Boston did or did not have a license to sell intoxicating liquors in Boston, were immaterial. It was in evidence that the liquor was shipped by the plaintiffs, who were not residents of Massachusetts, from Philadelphia to their agent in Boston, pursuant to a contract which he had made with the defendants in Boston for the sale of the liquor to and its purchase by them, of which he notified the plaintiffs; and that the agent caused the liquor on its arrival at Boston to be delivered to the…
2Cases cited5 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- McCall v. CaliforniaSupreme Court of the United States · 1890
- Lyng v. MichiganSupreme Court of the United States · 1890
- Commonwealth v. GagneMassachusetts Supreme Judicial Court · 1891
- State v. PfleajorSupreme Court of Iowa · 1890
3Cited by5 opinions
- Commonwealth v. Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1899
- Bondy v. HardinaMassachusetts Supreme Judicial Court · 1913
- State v. LordSupreme Court of New Hampshire · 1891
- Hughes v. StateCourt of Criminal Appeals of Texas · 1912
- State v. SbragiaWisconsin Supreme Court · 1909